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Association Shams (Arabic: جمعية شمس, romanizedJamʿiyyat Shams) is a Tunisian organization for LGBT rights, campaigning for sexual minority rights in Tunisia. The non-governmental, non-profit organization derives its name from the Sufi mystic Shams Tabrizi (with shams also being Arabic for "sun") and its logo is made up of two whirling dervishes.[1]

Activities

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The organisation is known for campaigns attracting media attention for LGBT issues in Tunisia.

In 2017, Radio Shams was created to help give LGBT voices in North Africa more representation. The founder is quoted as stating that he, and by extension the association had, "received more than five thousand death threats" within the first two weeks of operation.[2] In the station's first six months they had 10,000 listeners a week across 15 different countries. The show is streamed online six days a week.[3] The project is funded by the Dutch embassy in Tunis.[4]

Radio Shams, sometimes written as "Shams Rad" is amongst a series of disconnected, post Arab Spring associative media ventures, whose spoken goals are to give voice to various marginalized regions or people in Tunisia, that are often ignored by the national media, which, in the case of Association Shams and Rad Shams, includes the voices of the LGBTQ community.[5]

Controversy

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Backlash

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The existence of Association Shams has been received with scepticism by Tunisians. Several public figures were opposed to the existence of an LGBT activist group in the country.[6] Homosexuality is still criminalized under Tunisian law. As stated by the Article 230 of the Tunisian Penal code, homosexuality is a punishable crime and people accused of it can face up to three years in prison.[7] The authorities accuse people with sodomy without proper evidence and oblige them to undergo anal tests that have no medical relevance.[8]

In December 2015, a controversy took place in several local media outlets and following that a case was filed against the organisation by Kamel Hedhili, the head of state litigation.[9] The government stated that Shams is violating the association law of the country and that it deviated from its main course.[10] The activities of the NGO were suspended for a whole month starting from January 4, 2016, by a decree of the Tunisian Court of First Instance.[11]

In 2019, Mounir Baatour, the head of the organisation, was the candidate of the Tunisian Liberal Party for the 2019 Tunisian presidential election and was reported as the first openly gay presidential candidate in Tunisia by media outlets like NBC, The Independent, Raseef22, Daraj Media and Vice, but was excluded from running,[12][13][14][15] because he had been sentenced to prison for sexual abuse of a minor in 2013.[16]

In 2020, Baatour claimed that Tunisian authorities had recognized the existing same-sex marriage of a Tunisian and French man and several Western (queer) media reported about it. Tunisian officials clarified that this was not the case.[17]

One of the founders and leading LGBT activists of the organisation, Ahmed Ben Amor, faced harassments and death threats upon openly sharing his views and campaigning for the NGO on Tunisian TV in 2016.[18] Following the controversy, in 2017, supermarkets and public spaces banned the entrance of homosexuals to their premises. The sign "No Homosexuals allowed" showed up in different neighbourhoods around the capital city Tunis.[19]

Despite the reversal of the initial suspension given to Shams, by the Court of First Instance, the Association continued to be targeted with legal attacks, by Tunisian State Litigator, Kamel Hedhili. In 2019, Hedhili, filed an appeal against the ruling reversing the initial suspension of Association Shams; again, citing Article 230 of the Tunisian penal code.[20]

This case continued until February 2020, when Tunisia's Court of Cassation ruled in favor of Association Shams and granted the group permanent legal protection.[20]

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References

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  1. ^ "Controversy in Tunisia over new gay association". The Arab Weekly. Archived from the original on 2017-08-29. Retrieved 2017-06-20.
  2. ^ Careless, James (2018-01-08). "Despite Death Threats, Tunisian Online Station Persists". Radio World. Retrieved 2024-11-22.
  3. ^ Inside Tunisia's Shams Rad - the Arab world's 'only gay radio station', 17 June 2018, retrieved 25 July 2024
  4. ^ "Gay-rights activists take to the air in Tunisia". The Economist. ISSN 0013-0613. Retrieved 2024-08-12.
  5. ^ Badran, Yazan; Loisen, Jan; Smets, Kevin (2022). "Local associative media in Tunisia and the value of voice" (PDF). Journal of North African Studies. 27 (5): 12 – via WorldCat.org.
  6. ^ "Is homophobia at all-time high in Tunisia?". Al-Monitor. 2016-05-04. Retrieved 2017-06-20.
  7. ^ Lavin, Talia (2014-12-11). "Tunisia's New Gay Rights Fight". Huffington Post. Retrieved 2017-06-20.
  8. ^ Goldstein, Eric (2016-02-09). "Tunisia: LGBT Rights Five Years After the Tunisian Uprising". Human Rights Watch (Washington, DC). Retrieved 2017-06-20.
  9. ^ "Tunisia: LGBT Group Suspended". Human Rights Watch. 2016-01-16. Retrieved 2017-06-20.
  10. ^ "Frontline defenders". 25 February 2016.
  11. ^ "Tunisie : Suspension des activités de l'association pour les droits LGBT Shams". AWID. 2016-01-13. Archived from the original on 2017-04-18. Retrieved 2017-06-20.
  12. ^ Ahlem Mimouna (15 August 2019). "Who will be Tunisia's next president? Here's the shortlist". Middle East Eye.
  13. ^ "Buttigieg has company: A gay Tunisian is running for president". NBC News. 2019-08-13. Retrieved 2024-08-12.
  14. ^ Simon Speakman Cordall (14 July 2019). "Meet the man hoping to become the Muslim world's first openly gay president". Independent. Archived from the original on 2019-07-15.
  15. ^ "On Queer Revolutionary Statements". My Kali Magazine. 2022-09-12. Retrieved 2024-08-12.
  16. ^ "Baatour's candidacy stirs controversy". dis:orient (in German). Retrieved 2024-08-12.
  17. ^ "Tunisia Official Denies Claims Same-Sex Marriage Is Legal". www.out.com. Retrieved 2024-08-12.
  18. ^ "Tunisia-Live". Archived from the original on 2016-08-25.
  19. ^ "'No homosexuals allowed': Tunis stores put up homophobic signs". The France 24 Observers. Retrieved 2017-06-20.
  20. ^ a b "LGBTQ association achieves major legal milestone in Tunisia - Al-Monitor: The Middle Eastʼs leading independent news source since 2012". www.al-monitor.com. Retrieved 2024-10-21.